Claims (Construction, Avoidance, Delay & Disruption)

Claims (Construction, Avoidance, Delay & Disruption)

Timely recognition and proper handling of construction claims is often the key to a successful project. Gibbs Giden counsels clients with respect to claims avoidance and resolution procedures, risk management, insurance, and bonding requirements.

Additionally, our experienced team of attorneys provides clients with project management assistance, including contract administration and interpretation during performance, documentation of disputes, informal negotiations with project management, and project close-out. Documentation is essential to a claim.

Published Opinions

Notable Cases

Currently litigating a $70 million dollar Atlanta, USA based project, Emory Point Phase II, concerning a large residential mixed use project adjacent to Emory University and near the Centers For Disease Control (CDC) involving $10 million dollars in scheduling issues, non -payment claims, lack of performance allegations and $10 million dollars in cross claims.

Addressed legal issues and contracts surrounding the multiphase renovation and expansion of the historic Rose Bowl Stadium including evaluation of procedures for consultants; effect of Bond funding on wage and apprenticeship requirements; Municipal code and resolutions regarding local workers; contractor default and takeover by performance bond surety; contractor claims and project closeout.

Successfully defended a claim against a window manufacturer and won on cross-claim at trial. Windows were manufactured in Italy for installation in Russia on a property owned by a British resident. Claim Value: over $15 million dollars with a cross claim of $1.5 million dollars

Settled a lawsuit on behalf of a developer related to the construction of a large apartment complex. Issue/Complexity: Responsibility for project delays and cost overruns. The settlement resulted in a substantial net recovery for the client. Value: The lawsuit involved claims and counterclaims in excess of $50M.

Gibbs Giden construction lawyers are frequently asked to present and author publications on Claims. Each year Gibbs Giden presents a conference, which among many other topics addresses Claims and related issues. If you are interested in receiving a presentation on claims, please contact us. Below is a sample of relevant publications.

Richard J. Wittbrodt, Esq., Prejudgment Remedies and Collection For Owners or Contractors on a Construction Project, Written Materials, Digitally Published Program Materials, The Age of Turbulence: Managing Money Issues in Construction Presented in Cooperation with the State Bar of Texas Construction Law Section and the ABA Construction Committee of the Section of Litigation, 2010 ABA Forum on the Construction Industry Annual Meeting, April 24, 2010.

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